What contract should the security company sign with the security guard?

Security companies and security guards should sign labor contracts, actual employers sign labor dispatch contracts with security companies, and actual employers sign labor agreements with security guards.

Security guards form labor relations with security companies, and their remuneration is paid by the security companies; There is only a use relationship between the security guard and the employer, and there is no employment contract relationship. The employer does not need to pay the security guard, but it has to pay the service fee to the dispatching agency. In fact, it has formed a subordinate relationship between security companies and security guards, a cooperative relationship between security companies and employers, and a working relationship between security guards and employers.

legal ground

Article 10 of the Labor Contract Law of People's Republic of China (PRC) (revised 20 12) shall conclude a written labor contract to establish labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

People's Republic of China (PRC) Labor Contract Law (revised on 20 12) Article 58 Rights and Obligations of Labor Dispatching Units, Employers and Laborers Labor Dispatching Units are referred to in this Law and shall perform the obligations of employers to laborers. The labor contract concluded between the labor dispatch unit and the dispatched worker shall not only specify the matters specified in Article 17 of this Law, but also specify the employing unit, dispatch period and post of the dispatched worker. The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched workers for more than two years, and pay the labor remuneration monthly; During the period when the dispatched workers are not working, the labor dispatch unit shall pay the labor remuneration monthly according to the minimum wage standard stipulated by the local people's government.